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Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Alabama Prisoner’s Estate Loses Product Liability Suit by Louis Horn, an Alabama state prisoner, was killed by three other prisoners who picked his cell door lock and beat him to death. His estate filed a product liability case in state court against Southern Steel Co., the firm that made the …
Article • August 15, 2008 • from PLN August, 2008
Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg by John E. Dannenberg Faced with a pending federal class action lawsuit brought by New York state prisoners seeking relief from being denied parole based solely on the nature of their crimes, …
Mississippi Jail Prisoner Wins $3,000,000 in Failure to Protect Suit by The Hinds County Board of Supervisors (Board) agreed to settle a three-million-dollar federal lawsuit filed by a former prisoner in the Hinds County Jail after he was left paralyzed by a beating at the hands of other prisoners in …
Fifth Circuit: Federal Prisoner Loses Retaliation Suit but U.S. Attorney Sanctioned by John Dannenberg by John E. Dannenberg A federal prisoner in Texas sued prison officials for retaliating against him for filing grievances. While the court found for the defendants, it nonetheless sanctioned two Assistant U.S. Attorneys $500 for procedural …
Article • August 15, 2008 • from PLN August, 2008
Filed under: Medical, Hepatitis, Damages
Illinois Prisoners Win $8 Million for Failure to Treat Hep C by A federal jury has awarded four Illinois prisoners over $2 million apiece in a civil rights action filed against state prison officials for denying treatment for Hepatitis C (Hep C). In 2005, Edward J. Roe, Anthony P. Stasiak, …
Article • August 15, 2008 • from PLN August, 2008
Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit by John Dannenberg by John E. Dannenberg A federal jury awarded $6,058,000 in damages to a parolee and his girlfriend for outrageous conduct by Oakland, California city police (OPD) when they broke into his residence, told him they had …
Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample On January 17, 2008, U.S. District Judge Wiley Y. Daniel granted a preliminary injunction permitting University of Denver law students access to two prisoners housed at the Bureau of Prisons’ (BOP) Administrative …
Article • August 15, 2008
Fifth Circuit: Suit Cannot be Dismissed for Following Form’s Instructions; Allegations of Retroactive Negative Changes in Texas Parole Law States Claim by by Matthew T. Clarke On December 12, 2006, the Fifth Circuit Court of Appeals held that a prisoner’s lawsuit could not be dismissed for failing to list supporting …
Florida DCF Responsible for Transportation of Mental Patients Committed Under Fla. Stat. § 393.11, et seq. by David Everette, a Florida state mental patient, was committed to the Department of Children & Family Services (DCF) under Fla. Stat. 916.13, et seq., after being found incompetent to stand trial for an …
Article • August 15, 2008
Sixth Circuit Upholds $385,000 Contempt Sanction Against Michigan DOC by Prison officials were fined $38500, at a rate of $500 a day, for failure to provide programming to female prisoners equivalent to that for male prisoners, as required by its prior orders. The imposition of contempt sanctions is reviewed for …
Article • August 15, 2008
Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim by The Second Circuit of Appeals has reversed a lower court’s dismissal of a prisoner’s Bivens claim, alleging denial of glaucoma medication which caused his permanent blindness. In September 2001, DEA agents arrested Rodney Thomas in California on drug charges. …
Article • August 15, 2008
Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access by Wisconsin State prisoner William West brought 42 U.S.C. $ 1983 action against the Wisconsin Secure Program Facility (WSPF) and various guards after they refused him access to prepaid newspapers and discarded some issues in the trash. The …
Production Denial Of California Investigative Jailhouse Informant Misuse Documents Ordered Reviewed by Ex California State prisoner Thomas Goldstein sought review of an order denying him grand jury investigative evidentiary materials for use in his 42 U.S.C. § 1983 action for wrongful conviction. The materials had a direct relationship to his …
District Of Columbia Class Action Reinstated For Excessive Copying Fees by District of Columbia resident Julian Ford sought review of his class action denial against medical records contractor ChartOne, Inc., for charging excessive copying fees. The court denied the certification deeming Ford's acquisition of the records for commercial purposes and …
Article • August 15, 2008
Washington Court Allows Ex Parte Communication With Litigant's Non Party Employees by Washington State residents Nancy and Daniel Wright challenged a court order preventing ex parte communication with Group Health Hospital (GHH) personnel regarding their injury lawsuit. The ruling was reversed as to communication with non party employees not having …
Illinois Jail Detainee's Death Related Medical Documents Ordered Disclosed by Abdelkadir Belbachir brought federal and state action against McHenry County (Illinois) in 2006 after his cousin, Hassiba Belbachir, died in the county jail. He motioned to compel documents declared exempt under the peer review privilege (privilege) of the State Medical …
Article • August 15, 2008
California Public Interest In Peace Officers' Identity And Activities, Outweigh Statutory Exemption by The Los Angeles Times (Times) sought review of an appellate denial for the release of peace officer information under the California Public Records Act (Act). The disclosure was ordered pending a specificity determination by the Superior Court. …
Article • August 15, 2008
D.C. Circuit Reverses Res Judicata Dismissal; Failure to Treat HCV Constitutes “Imminent Danger” by The United States Court of Appeals for the D.C. Circuit reversed a lower court’s dismissal of a pro se prisoner’s suit, on res judicata grounds. The court also granted the prisoner leave to appeal in forma …
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